Illinois General Assembly - Full Text of HB0351
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0351  103rd General Assembly



HB0351 EnrolledLRB103 03878 AWJ 48884 b

1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 3. The Illinois Notary Public Act is amended by
5changing Section 3-107 as follows:
6    (5 ILCS 312/3-107)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 3-107. Journal.
10    (a) A notary public or an electronic notary public shall
11keep a journal of each notarial act or electronic notarial act
12which includes, without limitation, the requirements set by
13the Secretary of State in administrative rule, but shall not
14include any electronic signatures of the person for whom an
15electronic notarial act was performed or any witnesses.
16    (b) The Secretary of State shall adopt administrative
17rules that set forth, at a minimum:
18        (1) the information to be recorded for each
19    notarization or electronic notarization;
20        (2) the period during which the notary public or
21    electronic notary public must maintain the journal; and
22        (3) the minimum security requirements for protecting
23    the information in the journal and access to the contents



HB0351 Enrolled- 2 -LRB103 03878 AWJ 48884 b

1    of the journal.
2    (c) A notary or electronic notary may maintain his or her
3journal in either paper form or electronic form and may
4maintain more than one journal or electronic journal to record
5notarial acts or electronic notarial acts.
6    (d) The fact that the employer or contractor of a notary or
7electronic notary public keeps a record of notarial acts or
8electronic notarial acts does not relieve the notary public of
9the duties required by this Section. A notary public or
10electronic notary public shall not surrender the journal to an
11employer upon termination of employment and an employer shall
12not retain the journal of an employee when the employment of
13the notary public or electronic notary public ceases.
14    (e) If the journal of a notary public or electronic notary
15public is lost, stolen, or compromised, the notary or
16electronic notary shall notify the Secretary of State within
1710 business days after the discovery of the loss, theft, or
18breach of security.
19    (f) Notwithstanding any other provision of this Section or
20any rules adopted under this Section, neither a notary public
21nor an electronic notary public is required to keep a journal
22of or to otherwise record in a journal a notarial act or an
23electronic notarial act if that act is performed on any of the
24following documents to be filed by or on behalf of a candidate
25for public office:
26        (1) nominating petitions;



HB0351 Enrolled- 3 -LRB103 03878 AWJ 48884 b

1        (2) petitions of candidacy;
2        (3) petitions for nomination;
3        (4) nominating papers; or
4        (5) nomination papers.
5    The exemption under this subsection (f) applies regardless
6of whether the notarial act or electronic notarial act is
7performed on the documents described in paragraphs (1) through
8(5) of this subsection before, on, or after the effective date
9of this amendatory Act of the 103rd General Assembly, and the
10failure of a notary public or an electronic notary public to
11keep a journal of or to otherwise record such an act does not
12affect the validity of the notarial act on that document and is
13not a violation of this Act. As used in this subsection (f),
14"public office" has the meaning given in Section 9-1.10 of the
15Election Code.
16(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
17effective date of P.A. 102-160).)
18    Section 5. The Election Code is amended by adding Section
191-20.1 as follows:
20    (10 ILCS 5/1-20.1 new)
21    Sec. 1-20.1. Task Force to Review Eligibility to Hold
22Public Office.
23    (a) The Task Force to Review Eligibility to Hold Public
24Office is created. The purpose of the Task Force is to review



HB0351 Enrolled- 4 -LRB103 03878 AWJ 48884 b

1what criminal conduct precludes a person from holding public
2office in this State and to make recommendations as to what
3criminal conduct should preclude an individual from holding
4public office.
5    (b) The Task Force shall be comprised of the following
7        (1) The president of a statewide bar association or
8    his or her designee, the executive director of a statewide
9    association advocating for the advancement of civil
10    liberties or his or her designee, an executive director of
11    a legal aid organization or statewide association with a
12    practice group dedicated to or focused on returning
13    citizen expungements and sealing of criminal records, all
14    appointed by the Governor.
15        (2) 4 members of the public, one appointed by each of
16    the following: the Speaker of the House of
17    Representatives; the Minority Leader of the House of
18    Representatives; the President of the Senate; and the
19    Minority Leader of the Senate.
20        (3) 2 individuals who have been formerly incarcerated,
21    appointed by the Governor.
22        (4) The Attorney General or his or her designee.
23        (5) 2 individuals from the Illinois Sentencing Policy
24    Advisory Council appointed by the Executive Director.
25        (6) 2 State Representatives appointed by the Speaker
26    of the House of Representatives; 2 State Representatives



HB0351 Enrolled- 5 -LRB103 03878 AWJ 48884 b

1    appointed by the Minority Leader of the House of
2    Representatives; 2 State Senators appointed by the
3    President of the Senate; 2 State Senators appointed by the
4    Minority Leader of the Senate.
5    The members of the Task Force shall serve without
6compensation. All appointments under this subsection must be
7made within 30 days after the effective date of this
8amendatory Act of the 103rd General Assembly.
9    (c) The State Board of Elections shall provide
10administrative and technical support to the Task Force and be
11responsible for administering its operations and ensuring that
12the requirements of the Task Force are met. The Executive
13Director of the State Board of Elections shall appoint a
14cochairperson for the Task Force and the President of the
15Senate and the Speaker of the House of Representatives shall
16jointly appoint a cochairperson for the Task Force.
17    (d) The Task Force shall meet at least 4 times with the
18first meeting occurring within 60 days after the effective
19date of this amendatory Act of the 103rd General Assembly. The
20Executive Director of the State Board of Elections shall
21designate the day, time, and place for each meeting of the Task
23    (e) The Task Force shall review what conduct currently
24precludes an individual from holding public office in this
25State; the policy rationale for precluding an individual from
26holding public office based on certain criminal conduct;



HB0351 Enrolled- 6 -LRB103 03878 AWJ 48884 b

1available research and best practices for restoring returning
2individuals to full citizenship; and the processes of
3restoration of eligibility to hold public office in this
4State. After this review, the Task Force shall make
5recommendations as to what criminal conduct shall preclude an
6individual from holding public office in this State.
7    (f) The Task Force shall produce a report detailing the
8Task Force's findings and recommendations and needed
9resources. The Task Force shall submit a report of its
10findings and recommendations to the General Assembly and the
11Governor by May 1, 2025.
12    (g) This Section is repealed on January 1, 2026.
13    Section 10. The Unified Code of Corrections is amended by
14changing Section 5-5-5 as follows:
15    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
16    Sec. 5-5-5. Loss and restoration of rights.
17    (a) Conviction and disposition shall not entail the loss
18by the defendant of any civil rights, except under this
19Section and Sections 29-6 and 29-10 of The Election Code, as
20now or hereafter amended.
21    (b) A person convicted of a felony shall be ineligible to
22hold an office created by the Constitution of this State until
23the completion of his sentence.
24    (b-5) Notwithstanding any other provision of law, a person



HB0351 Enrolled- 7 -LRB103 03878 AWJ 48884 b

1convicted of a felony, bribery, perjury, or other infamous
2crime for an offense committed on or after the effective date
3of this amendatory Act of the 103rd General Assembly and
4committed while he or she was serving as a public official in
5this State is ineligible to hold any local public office or any
6office created by the Constitution of this State unless the
7person's conviction is reversed, the person is again restored
8to such rights by the terms of a pardon for the offense, the
9person has received a restoration of rights by the Governor,
10or the person's rights are otherwise restored by law.
11    (c) A person sentenced to imprisonment shall lose his
12right to vote until released from imprisonment.
13    (d) On completion of sentence of imprisonment or upon
14discharge from probation, conditional discharge or periodic
15imprisonment, or at any time thereafter, all license rights
16and privileges granted under the authority of this State which
17have been revoked or suspended because of conviction of an
18offense shall be restored unless the authority having
19jurisdiction of such license rights finds after investigation
20and hearing that restoration is not in the public interest.
21This paragraph (d) shall not apply to the suspension or
22revocation of a license to operate a motor vehicle under the
23Illinois Vehicle Code.
24    (e) Upon a person's discharge from incarceration or
25parole, or upon a person's discharge from probation or at any
26time thereafter, the committing court may enter an order



HB0351 Enrolled- 8 -LRB103 03878 AWJ 48884 b

1certifying that the sentence has been satisfactorily completed
2when the court believes it would assist in the rehabilitation
3of the person and be consistent with the public welfare. Such
4order may be entered upon the motion of the defendant or the
5State or upon the court's own motion.
6    (f) Upon entry of the order, the court shall issue to the
7person in whose favor the order has been entered a certificate
8stating that his behavior after conviction has warranted the
9issuance of the order.
10    (g) This Section shall not affect the right of a defendant
11to collaterally attack his conviction or to rely on it in bar
12of subsequent proceedings for the same offense.
13    (h) No application for any license specified in subsection
14(i) of this Section granted under the authority of this State
15shall be denied by reason of an eligible offender who has
16obtained a certificate of relief from disabilities, as defined
17in Article 5.5 of this Chapter, having been previously
18convicted of one or more criminal offenses, or by reason of a
19finding of lack of "good moral character" when the finding is
20based upon the fact that the applicant has previously been
21convicted of one or more criminal offenses, unless:
22        (1) there is a direct relationship between one or more
23    of the previous criminal offenses and the specific license
24    sought; or
25        (2) the issuance of the license would involve an
26    unreasonable risk to property or to the safety or welfare



HB0351 Enrolled- 9 -LRB103 03878 AWJ 48884 b

1    of specific individuals or the general public.
2    In making such a determination, the licensing agency shall
3consider the following factors:
4        (1) the public policy of this State, as expressed in
5    Article 5.5 of this Chapter, to encourage the licensure
6    and employment of persons previously convicted of one or
7    more criminal offenses;
8        (2) the specific duties and responsibilities
9    necessarily related to the license being sought;
10        (3) the bearing, if any, the criminal offenses or
11    offenses for which the person was previously convicted
12    will have on his or her fitness or ability to perform one
13    or more such duties and responsibilities;
14        (4) the time which has elapsed since the occurrence of
15    the criminal offense or offenses;
16        (5) the age of the person at the time of occurrence of
17    the criminal offense or offenses;
18        (6) the seriousness of the offense or offenses;
19        (7) any information produced by the person or produced
20    on his or her behalf in regard to his or her rehabilitation
21    and good conduct, including a certificate of relief from
22    disabilities issued to the applicant, which certificate
23    shall create a presumption of rehabilitation in regard to
24    the offense or offenses specified in the certificate; and
25        (8) the legitimate interest of the licensing agency in
26    protecting property, and the safety and welfare of



HB0351 Enrolled- 10 -LRB103 03878 AWJ 48884 b

1    specific individuals or the general public.
2    (i) A certificate of relief from disabilities shall be
3issued only for a license or certification issued under the
4following Acts:
5        (1) the Animal Welfare Act; except that a certificate
6    of relief from disabilities may not be granted to provide
7    for the issuance or restoration of a license under the
8    Animal Welfare Act for any person convicted of violating
9    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
10    Care for Animals Act or Section 26-5 or 48-1 of the
11    Criminal Code of 1961 or the Criminal Code of 2012;
12        (2) the Illinois Athletic Trainers Practice Act;
13        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
14    and Nail Technology Act of 1985;
15        (4) the Boiler and Pressure Vessel Repairer Regulation
16    Act;
17        (5) the Boxing and Full-contact Martial Arts Act;
18        (6) the Illinois Certified Shorthand Reporters Act of
19    1984;
20        (7) the Illinois Farm Labor Contractor Certification
21    Act;
22        (8) the Registered Interior Designers Act;
23        (9) the Illinois Professional Land Surveyor Act of
24    1989;
25        (10) the Landscape Architecture Registration Act;
26        (11) the Marriage and Family Therapy Licensing Act;



HB0351 Enrolled- 11 -LRB103 03878 AWJ 48884 b

1        (12) the Private Employment Agency Act;
2        (13) the Professional Counselor and Clinical
3    Professional Counselor Licensing and Practice Act;
4        (14) the Real Estate License Act of 2000;
5        (15) the Illinois Roofing Industry Licensing Act;
6        (16) the Professional Engineering Practice Act of
7    1989;
8        (17) the Water Well and Pump Installation Contractor's
9    License Act;
10        (18) the Electrologist Licensing Act;
11        (19) the Auction License Act;
12        (20) the Illinois Architecture Practice Act of 1989;
13        (21) the Dietitian Nutritionist Practice Act;
14        (22) the Environmental Health Practitioner Licensing
15    Act;
16        (23) the Funeral Directors and Embalmers Licensing
17    Code;
18        (24) (blank);
19        (25) the Professional Geologist Licensing Act;
20        (26) the Illinois Public Accounting Act; and
21        (27) the Structural Engineering Practice Act of 1989.
22(Source: P.A. 102-284, eff. 8-6-21.)
23    Section 90. The General Assembly finds that the Office of
24the Secretary of State filed the rules necessary to implement
25Public Act 102-160 on June 5, 2023. This Act amends Public Act



HB0351 Enrolled- 12 -LRB103 03878 AWJ 48884 b

1102-160 in accordance with that finding.
2    Section 91. "An Act concerning government", approved July
323, 2021, Public Act 102-160, is amended by changing Section
499 as follows:
5    (P.A. 102-160, Sec. 99)
6    Sec. 99. Effective date. This Act takes effect on June 5,
72023 (the date of the filing of the later of: (1) January 1,
82022; or (2) the date on which the Office of the Secretary of
9State files with the Index Department of the Office of the
10Secretary of State a notice that the Office of the Secretary of
11State has adopted the rules necessary to implement this Act),
12and upon the filing of the notice, the Index Department shall
13provide a copy of the notice to the Legislative Reference
14Bureau; except that, the changes to Sections 1-106, 2-103, and
152-106 of the Illinois Notary Public Act take effect July 1,
17(Source: P.A. 102-160.)
18    Section 95. No acceleration or delay. Except for the
19changes to Section 99 of Public Act 102-160, where this Act
20makes changes in a statute that is represented in this Act by
21text that is not yet or no longer in effect (for example, a
22Section represented by multiple versions), the use of that
23text does not accelerate or delay the taking effect of (i) the



HB0351 Enrolled- 13 -LRB103 03878 AWJ 48884 b

1changes made by this Act or (ii) provisions derived from any
2other Public Act.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.